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Reso 1996-031 to 035
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Reso 1996-031 to 035
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1996
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Subparagraph 8 (c) above, if and when Lessee's default shall be cured. Nothing herein <br />shall preclude City from exercising any of its rights or remedies with respect to any <br />other default by Lessee during any period when City shall be forebearing termination <br />of this lease as above provided, but in such event Leasehold Mortgagee shall have all <br />the rights and protections hereinabove provided for. If Leasehold Mortgagee or its <br />nominee, or a purchaser at a foreclosure sale, or purchaser from Leasehold Mortgagee <br />after Leasehold Mortgagee has acquired title and possession pursuant to a foreclosure <br />or acquisition in lieu of foreclosure, shall acquire title to Lessee's leasehold estate <br />hereunder, and shall cure all defaults of Lessee hereunder which can be cured by <br />Leasehold Mortgagee, or by purchaser, as the case may be, then the defaults of any <br />prior holder of Lessee's leasehold estate hereunder which cannot be cured by <br />Leasehold Mortgagee (or by said purchaser) shall no longer be deemed defaults <br />hereunder. <br />F. Lessee immediately and irrevocably assigns to City, as security for Lessee's <br />obligations under this lease, all rent from any subletting of all or a part of the <br />premises as permitted by this lease, and City, as assignee and as <br />attorney -in -fact for Lessee, or a receiver for Lessee appointed on City's <br />application, may collect such rent and apply it toward Lessee's obligations <br />under this lease; except that, until the occurrence of an act of default by <br />Lessee, Lessee shall have the right to collect such rent. <br />G. Except as otherwise specifically provided herein, no interest of Lessee in this <br />lease shall be assignable by operation of law (including, without limitation, the <br />transfer of this lease by testacy or intestacy). Each of the following acts shall <br />be considered an involuntary assignment: <br />1. If Lessee is or becomes bankrupt or insolvent, makes an assignment for <br />the benefit of creditors, or institutes a proceeding under the Bankruptcy <br />Act in which Lessee is the bankrupt; or, if Lessee is a partnership or <br />consists of more than one person or entity, if any partner of the <br />partnership or other person or entity is or becomes bankrupt or <br />insolvent, or makes an assignment for the benefit of creditors; <br />2. If a writ of attachment or execution is levied on this lease; <br />3. If, in any proceeding or action to which Lessee is a party, a receiver is <br />appointed with authority to take possession of the premises. <br />H. An involuntary assignment shall constitute a default by Lessee and City shall <br />have the right to elect to terminate this lease, in which case this lease shall not <br />be treated as an asset of Lessee. <br />I. Without in any way limiting City's right to refuse to give consent to any <br />assignment, sublease, hypothecation, encumbrance, license or concession, for <br />any other reason or reasons, City reserves the right to condition such consent <br />upon the conditions reasonably calculated to assure an experienced, financially <br />sound Assignee. City may also condition assignment on payment of the <br />29 <br />
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